Anderson 

Chapter 13.50

NORTHERN LIGHTS SUBDIVISION’S COVENANTS

Sections:

            13.50.010  Purpose

13.50.010        Purpose.   A.  Covenants are the first step to insure the enhancement and preservation of property values, provide for proper designs, development, improvement and use of the property and create a residential development of high quality and promote the health, safety and welfare of the residents.

            B.  This ordinance declares and establishes the following covenants, easements, reservations and requirements which shall run with the property as provided by law and shall be binding on all parties and all persons claiming under them, for the benefit of and limitation on all present and future owners of such property.

                        1.  Dwelling size and Quality.  The minimum permitted dwelling size for this property shall be one thousand (1,000) square feet of floor space, exclusive of basements, decks, garages and open porches.  The dwelling must be completed within two (2) years after the beginning of construction.  A completed dwelling is one, which is capable of being approved under a conventional long-term financing program.  All dwellings shall be constructed and designed to assure compliance to minimum standards of the Federal Housing Administration and State and Local building code requirements as of the year of completion.  The exterior walls must be constructed of siding generally accepted as meeting the minimum finish standards in the building industry.  Inspections are required for all phases of construction.

2.  Building location.  i. No building shall be located nearer than 25 feet of all lot lines.

            ii.  For the purpose of this covenant, eaves, steps, and open porches shall not be considered as a part of a building, provided, however, that this shall not be construed to permit any portion of a building, on a lot to encroach upon another lot.

            iii.  No structure shall be constructed within 75 feet of the gravel pit high water.

                        3.  Nuisances.  No noxious or offensive activity, including, but not limited to, noise disturbances, caused by recreational or non-recreational vehicles, shall be carried on upon any lot, nor shall anything be done thereon, which may become an annoyance or nuisance to the neighborhood.  The collection or keeping of non-operating vehicles is strictly prohibited.  This requirement shall be strictly enforced.  Any vehicles in violation will be considered abandoned and junk and will necessitate removal.

                        4.  Temporary Structures.  No structure of a temporary character, such as a trailer, mobile home, garage or travel trailer over 10 years old shall be used on any lot at any time as a residence either temporarily or permanently, unless the same is present for the actual construction or repair of a structure on a lot.  If used as a temporary residence, construction of the whole structure must be completed with 24 (twenty-four) months of the date of the beginning of the construction.

                        5.  Livestock and Poultry.  Animals (except dog-teams, sled dogs, etc.) livestock, poultry and horses may be kept and raised, within a reasonable number.  The property shall be kept clean and waste material removed on a regular basis.  All animals and livestock shall be contained by a fence or run cables to prevent egress from the property.  Excessive noise or odor from animals shall be considered a nuisance.  NO vicious animals, defined by the local government agency, may be kept on any lot.

                        6.  Garbage and refuse Disposal.  No lot, nor part thereof, shall be used as a dumping or storage ground for refuse or rubbish of any kind whatsoever.

                        7.  Wells, Septic Systems and Sewage Disposal.  Each single-family dwelling will have a separate and individual well and sewage disposal system.  No individual sewage disposal system shall be permitted on any lot unless such system is designed, located and constructed in accordance with the requirements, standards and recommendations of the Alaska D.E.C.   Approval of such systems as installed shall be obtained from such authority.

C.  General Provisions.  1.  This Master Declaration is to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-five (25) years from the date this Master Declaration is recorded, after which time said Master Declaration shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of said lots have been recorded, agreeing to change said Master Declaration in whole or in part.

                        2.  Rights of mortgages.  No breach of any covenant, condition or restriction herein contained or any enforcement thereof, shall defeat or render invalid the lien of any mortgage or deed of trust or hereafter executed upon any of the lots on the property, or portion thereof.  Should any mortgage or deed of trust be foreclosed on any of the lots of the property to which this ordinance refers, then the title acquired by such foreclosures and the person or persons who thereupon and thereafter become the Owner or Owners of such property shall be subjected to and bound by all the covenants herein, provided, however, that the City shall be excluded from this provision.

                        3.  Runs with the land.  All covenants, conditions, restrictions and agreements herein contained: 

a.  Are made for the direct, mutual and reciprocal benefit of each and every lot on the property.

b.  Shall create mutual equitable servitudes upon each lot in favor of every other lot.

c.  Shall create reciprocal rights and obligations between all Grantees of said lots, their heirs, successors and assigns, and

d.  Shall as to the Owner and occupant of each lot, his heirs, successors and assigns, operate as covenants running with the land, for the benefit of all other lots, except as provided otherwise herein.

                        4.  Construction Notice and Acceptance.  Every person or entity who now or hereafter owns, occupies or acquires any right, title, or interest in or to any portion of the property is and shall be conclusively deemed to have consented and agreed to every covenant, condition and restriction contained herein, whether or not any reference to this ordinance is contained in the instrument by which such person acquired an interest in the property.

                        5.  Severability.  Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect.

                        6.  Enforcement.  Enforcement shall be by proceeding at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages.  This city shall be under no obligation to enforce these covenants. (Ord. 05-04)